May an employee take emergency sick leave concurrently with emergency family medical leave?
Yes. The DOL Guidelines state that, when leave is taken under both the Emergency Paid Sick Leave Act and the Emergency FMLA Expansion Act for child care, the employee is entitled to a total of twelve weeks. (DOL Temporary Rule II.B). If an employee takes EPSLA leave concurrently with the first two weeks of expanded family and medical leave, those first two weeks count toward the twelve-week total (DOL Q&A Guidelines #45).
Last updated June 22
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